Posted on 07/27/2012 7:12:30 PM PDT by RummyChick
The suspected Batman massacre gunman was seeing a psychiatrist specialising in schizophrenia before the attack that killed 12 in Colorado, court documents show.
The motion named Dr Lynn Fenton as defence lawyers sought to gain access to a package James Holmes had mailed to her prior the July 20 mass shooting, which also wounded 58 people.
Reports surfaced on Wednesday that Holmes - who recently dropped out of the University of Colorado - had sent a notebook to a university psychiatrist that included details and drawing of his plans to kill people.
There were conflicting reports about whether the package reached the school in time to potentially prevent the massacre, but officials remained tight-lipped due to a strict gag order imposed by the judge overseeing the case.
Judge William Sylvester unsealed some court filings on Friday after defence lawyers argued that Holmes' constitutional rights had been violated by the "breach of confidentiality and privilege" and sought "sanctions for this misconduct".
In a preview of likely battles to come, the defence lawyers also argued that the contents of the package should not be used as evidence because "Mr Holmes was a psychiatric patient of Dr Fenton, and his communications with her are protected".
Fenton teaches at the University of Colorado's medical school and heads student mental health services there in addition to conducting research into schizophrenia and other mental illnesses.
Prosecutors rebuffed the defence motion, arguing that news stories about the package contained significant factual errors and that there was no evidence the government was responsible for the leaks.
They also indicated that a FoxNews.com report that the package contained a notebook "full of details about how he was going to kill people" was incorrect.
Reports that the police "are currently examining the contents of the box" are "untrue, as the contents were secured and not examined," prosecutors said.
Holmes, who was studying neuroscience in a doctoral program at the University of Colorado, Denver is expected to be formally charged at his next court hearing on Monday.
Sylvester ordered a hearing on the defence motions also be held on that day.
The alleged gunman gained access to the movie theatre in Aurora, Colorado outside Denver via a fire exit shortly after the screening of The Dark Knight Rises began and threw two canisters of noxious gas into the auditorium, witnesses said.
After firing one round directly into the air with a pump-action shotgun, he began shooting people at random with a military-style assault rifle capable of firing 50 to 60 rounds a minute.
Authorities say Holmes - who had dyed his hair a reddish orange - claimed he was The Joker, Batman's sworn enemy in the comic book series that inspired director Christopher Nolan's film trilogy, which features British-born actor Christian Bale as "the caped crusader".
He gave himself up outside the cinema, still clad in the body armour witnesses described the gunman wearing.
Authorities said Holmes booby-trapped his apartment with the aim of killing anyone who went outside, likely targeting police and first responders.
It was days before neighbours were allowed back in the three-story building.
Holmes, 24, is being held in solitary confinement at the Arapahoe County Detention Center and could face the death penalty if convicted, although Colorado has only executed one person since capital punishment was reinstated in 1976.
“They could probably disarm 25% of the country this way and Obamacare will give them easy access to your records. For your own safety, of course.”
True, but they could only disarm that many Americans because so many Americans are DRUGGED OUT on that crap.
“So anyone seeing a shrink should be prohibited from owning firearms?”
No, but it may easily come to that. It’s time that people BUCK-UP a bit and take on life’s problems WITHOUT drugs, for once.
If a psychiatrist hears a viable threat against an individual, in California they are required to report the threat to the individual who is being threatened. (Tarisoff v. University of California)
I know this because I have had psychiatrists tell me when they have been informed of a threat to kill me. (I have that effect sometimes).
They are required to report the incident or threat to CPS if there is a threat against a child.
interesting post by brother of a schiz0phrenic:
I don’t think this guy is a schizophrenic. You are right, it can onset at any time really. However, this action by this guy appears to be out of the blue. People who knew him would have seen it before his rampage, especially being a student of neuroscience and being around people who are curious about neurology, which is the science that schizophrenia falls under.
From my experience, schizophrenic don’t lash out at random people. They lash out at family and friends. The best way I can describe the violence, there are literally 2 or more worlds in the the mind. One of them being the real world. The mind cannot distinguish between the two. So a loved one or someone who cares trying to help the mind through the issue (whether the person helping knows of the illness or not), can be seen as an enemy in the other world.
So like I would be telling my brother to fight his demons in his mind, those same demons in his mind will be telling him to fight me. The violence is acted out in frustration more than anything. The delusions grow and grow and grow and intertwine and warp and fold into each other and in between worlds even. It takes time to build up those delusions, but once they become entrenched, it is hard to shake them. But they can be untangled and related to the real world. This is what my brother has been able to accomplish.
BTW, I happen to know that A LOT of mental patients “get” Ron Paul.
Anyways, this Holmes guy is a sick puppy
Wonder if this is some made up BS
“He may not be a schizophrenic but assume that he is...how did he get a grant?”
Heck, it’s a wonder he didn’t get *two* grants.
IIRC, to become licensed as a psychiatrist you must undergo a psychiatrist examination before earning that title.
???Is it possible that scumbag was far enough along, in his mid 20’s to be undergoing testing himself by this licensed woman???
She looks like she is too eager to “help”.
They are required to report the threat to an individual. But from what I have been told, they can’t name the person *making* the threat per HIPPA, which takes precedence.
What is the entire med history of this alleged human?
Other questions, has there been an MRI for brain tumors? What was in his blood the night of the shootings? Who are his friends and acquaintances? What websites and forums does he frequent?
Also, there must be a voter registration history on this alleged human somewhere. My guess? Democrat!
.
;-)
Kcyzinsky gave Lincoln, MT a bad rep.
I once had a case where the plaintiff was seeing a psychiatrist and the psychiatrist called me to tell me he had threatened to kill me. That didn’t bother me because I had taken his deposition and I really thought he was just a big baby and even though he was nutty as a fruitcake, he was harmless.
Then I subpoenaed his records from the psychiatrist and discovered that in a couple of sessions the guy’s wife (who was not a patient) had told the psychiatrist that SHE wanted to kill me. The psychiatrist was not required to report this threat because under Tarisoff the reporting requirement is only for patients.
I took that threat seriously because I didn’t’ know her from Adam and I figured she probably thought that I was the one who drove her husband crazy and I decided it was time to sub-out on the case. I had enough cases and didn’t need that kind of stress.
sorry my confusion....I took a quick look and 9 News registered in my brain as CHannel 9 News ( which would have been possible). When I clicked on it, I am chagrined-—but only a little.
The PHD candidates were working for psychiatrists at the university, doing lab work in neural science. Interestingly, the Linguist from Berkeley, who has been advising Obama and Elizabeth Warren, George Lackoff, also uses neural science to study how the brain interprets linguistic concepts and applies this to political organizing, or political persuasion. Lackoff was the the source of Obama’s “…you didn’t build that” speech.”
... happy to see Count Dracula
Says you must warn if the threat is violent and the victim is declared---Otherwise, confidentiality obtains.
Who told you that?
Two hospital lawyers, one therapist I was dating and a second one that I was working with on getting their patient management computer system working.
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